General Terms and Conditions

(As of February, 4th, 2016)

1. Acceptance of the General Terms and Conditions

The present general terms and conditions of use (hereinafter, “General Terms and Conditions”) set out the conditions applicable to the use of the website “www.montreuxjazz.com” (hereinafter the “Website”) and of the content, services and/or material that is made available to a User by the Fondation du Festival de Jazz de Montreux (the Festival Foundation, hereinafter “FFJM”) on, from, or through the Website (hereinafter the “Service”). The User affirms having read, and fully accepted without reservation to comply with, the General Terms and Conditions.

The User who accesses the Service accepts the General Terms and Conditions. The User understand and agree that FFJM will treat the use of the Service as acceptance of the General Terms and Conditions. The User who do not agree to the General Terms and Conditions must stop using the Service.

FFJM reserves the right to modify these General Terms and Conditions at any time and without notice. It is therefore the User’s responsibility to regularly consult the General Terms and Conditions.

2. Access to the “Service”

Within the meaning of the present General Terms and Conditions, the term “User” refers to any person who accesses and/or consults the Service.

None of the content on the Website, specifically including the audiovisual, audio and photographic content (hereinafter, the “Content”), is authorized for any use whatsoever except as expressly provided for in the present General Terms and Conditions.

3. Use of Content from the Espace Presse

FFJM grants to the User a limited, non-exclusive, revocable license to access and to use the Service, under the following conditions:

a) The User agrees not to access Content for any reason other than User’s personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service. The use of audiovisual and audio content is permitted solely for streaming. “Streaming” means a contemporaneous digital transmission of the material by FFJM via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the User ;

b) The User agrees not to copy, record, distribute, reproduce, transfer, alter, modify, broadcast and/or make available to the public the Content or any part of it, in any medium ;

c) The User agrees not to access Content through any technology or such other means as FFJM may explicitly designate for this purpose ;

d) The User agrees not to circumvent, disable or otherwise interfere with any technology used by FFJM or any third party to protect the Content or the Service ;

e) The User agrees not to sell, rent and/or sublicense any part of the Service and/or Content. In no case may the Service and/or Content be used for commercial purposes ;

Any use beyond the scope herein defined requires the prior written agreement of FFJM.

4. Intellectual Property

The Service and its Content are protected by intellectual property rights belonging to FFJM or to third parties having assigned usage rights to FFJM. The usage rights assigned to the User (as set out above) shall in no case be understood as a transfer of intellectual property rights concerning the Content.

5. Exclusion of Warranties – Limitation of Liability

Access to the Service and usage of Content is under the sole responsibility of the User. The User agrees that the User is solely responsible for any breach of the User’s obligations under the General Terms and Conditions and for the consequences of any such breach.

FFJM declines all liability for harm, even direct, accidental or otherwise, stemming from any use of the Service in a manner inconsistent with the General Terms and Conditions and/or applicable legislation.

The User agrees to indemnify and hold harmless FFJM against any and all third party claims, demands or actions that could be brought against FFJM due to use of the Service and/or the Content in a manner inconsistent with the General Terms and Conditions and/or applicable legislation.

FFJM does not warrant that the use of the Service will be uninterrupted, secure or free from error. FFJM reserves the right at any time to modify or discontinue functions and features of the Service, all without liability to the User. FFJM may remove any content without notice.

The use of the Service is at the User own risk. FFJM does not warrant that the Service is free of malware or other harmful components.

6. Other Provisions

Any usage of the Content in a manner inconsistent with the General Terms and Conditions exposes the User to civil and/or criminal penalties.

The General Terms and Conditions are governed by Swiss law.

Any litigation related to the use of the Service or to these General Terms and Conditions will be submitted to the exclusive jurisdiction of the competent courts in Lausanne.